Former Kiambu governor Ferdinand Waititu is now a free man after spending almost six months in prison.
Waititu walked out of prison on Friday, August 1 — just a day after being ordered by the High Court to secure a bank guarantee of Sh53 million as a condition for his release.
His lawyer John Swaka said the politician obtained the bank guarantee as directed by Justice Lucy Njuguna, pending the hearing and determination of his appeal.
The former Kiambu County boss was convicted on February 14 and sentenced to 12 years in jail or pay an alternative fine of Sh53 million.
Anti-corruption court chief magistrate Thomas Nzyoki found him guilty of engaging in corruption when he was the county boss.
The court found Waititu guilty of corruptly receiving Sh25 million from Enterprise Testimony limited which had been awarded a Sh588 million road tender by the county government of Kiambu.
Before his release, he made two previous attempts to be freed on bond without success.
Justice Njuguna, however, reviewed her earlier orders and directed Waititu to get an "acceptable bank guarantee" for payment of the entire fine he was slapped with after being found guilty of corruption.
The court noted that Waititu had pleaded for his release over deteriorating health condition and the constraints caused to the Kenya Prisons, over his continued admission at the Kenyatta National Hospital.
“This court has no reason or any other evidence from the respondent (prosecution) to disprove the report before the court on the medical condition of the applicant, which to this court amounts to new circumstances warranting the court to exercise its decision and review the order that the court made on March 3, 2025,” ruled the judge.
Waititu had complained of diabetes, hypertension and failing eyesight and also had serious kidney complications and had undergone a series of surgeries.
He said he had an arguable appeal with high chances of success because the prosecution did not table evidence to show that the Kiambu County government lost any money.
His lawyers submitted that his appeal was likely to succeed because the case was inspired by unfounded public theories and politically concocted negative perceptions on him.
He added that during the trial, he faithfully observed the terms and conditions imposed by the court and that he was not a flight risk.
In opposing the application, the prosecution said Waititu was not interested in pursuing the appeal but was engaging in a pattern of repetitive and strategically timed applications aimed at securing his release from custody.
